ARGUMENT OF CHARLES B. WARREN. 1053 



Lord Stowell delivered another opinion bearing on this question, 

 in 1805, in the case of the "Anna," reported in 5 Robinson's Ad- 

 mirality Reports at p. 373 ; and reading from pp. 385 B and 385 c of 

 that report, in delivering judgment Lord Stowell said : 



" We all know that the rule of law on this subject is " 

 quoting the words of Bynkershoek, 



" ' terrcB dominium finitur, ubi finitur armorum vis? and since the in- 

 troduction of fire arms, that distance has usually been recognised to 

 be about three miles from the shore." 



That establishes the identification, by the Admiralty courts of 

 Great Britain, at that early date, of the cannon-shot rule with the 

 3-mile rule. 



I will not be compelled to read these cases again when I come to 

 the consideration of the law applicable to this question, in order to 

 establish that as far as Great Britain is concerned the cannon-shot 

 rule has been identified with the 3-marine-mile rule. 



I desire also to call to the attention of the Tribunal a decision by 

 Mr. Justice Story of the Supreme Court of the United States, whose 

 reputation in America as an Admiralty judge is of the highest, and 

 who, I believe, enjoys an enviable reputation in Great Britain and on 

 the Continent as a judge in admiralty cases. 



The decision was delivered in 1812 in the case of the brig " Ann," 

 reported in 1 Gallison's Reports at p. 62. 



And I wish first to state that the " Ann " was seized on the 12th 

 January, 1808, although the decision w y as not delivered until 1812. 



In this decision Justice Story, stated at p. 63 of the report : 



" All the writers upon public law agree that every nation has ex- 

 clusive jurisdiction to the distance of a cannon shot, or marine 

 league, over the waters adjacent to its shores; and this doctrine has 

 been recognised by the Supreme Court of the United States. Indeed 

 such waters are considered as a part of the territory of the sov- 

 ereign." 



It is seen that in these negotiations of 1806 between these two 

 Powers, in which the cannon-shot rule was identified with the 3-ma- 

 rine-mile rule from shore, the rule of international law as laid down 

 by the greatest Admiralty judge of England, and the rule shortly 

 thereafter laid down by Mr. Justice Story in the United States, 

 involving a seizure in 1808, was recognised. 



I will proceed with the consideration of the negotiations in 



1806. 



634 The Commissioners considered it expedient to make a special 

 provision concerning the maritime jurisdiction of the two 

 Powers on the coasts of their respective possessions in North America. 

 It was agreed that the line of maritime jurisdiction, in case of one 

 country being at war and the other being at peace, should extend 



